Clearwater Nursing Home Abuse Case Process
Some nursing home abuse cases in Clearwater are simple and are resolved relatively quickly. However, some cases are more complex and may take up to a year to settle. On a case by case basis, from six months to a year is not unreasonable for the length of a case. A lawyer can order the necessary records and coordinate with opposing counsel to do the necessary interviews of facility staff members.
Once that initial discovery is concluded, it is simply a matter of scheduling the mediation and preparing a mediation summary that effectively tells the other side that they are more likely to be successful in settling a claim versus fighting it. With settlements and appeals, a Clearwater nursing home abuse attorney can best help someone through the various considerations that come up in the process of their case.
Issues Prolonging Settlements
The issues determining and prolonging settlements are whether the injuries are ongoing or whether they are resolved, whether it is possible to ascertain the overall damages that occurred, or is this something that must be ascertained in the future. Some issues that can occur that can prolong the process are difficulty in retrieving documents and problems locating fact witnesses or employees who were involved in the negligence or were witness to the negligence because they have left the facility. These are the things that are most difficult, literally chasing down a person’s evidence.
The most important thing someone can do is reach out to a qualified attorney as quickly as possible to ensure that their case does not get strung out for years. The longer someone waits, the more difficult and time consuming the process becomes.
Appealing a Decision
An appeal is a legal proceeding that asks a higher court to evaluate the actions of a lower court. They rarely take place interlocutory, meaning during the case. The vast majority of appeals come into a play after a jury has reached the verdict.
Unfortunately, appeals are taken in the state of Florida based on a statutory guideline of what cases are heard first. Criminal cases on direct appeal are taken first, then civil cases on direct appeal are heard second. Unfortunately, an appeal in a nursing home case falls into that second category which means they could sometimes take upwards of a few years to have a resolution in an appeal. Appellate courts have very specific rules and very tight timeframes. A qualified lawyer can help an individual meet all the deadlines and comply with all the appellate rules to bring a claim and to prosecute that claim.
A person appeals a claim by filing a notice of appeal in a district court and by preparing the record for the Court of Appeals. One benefit of appealing a case is when the lower court rendered an improper ruling, it may give someone the opportunity to retry their case. Unfortunately, the downside is that an appellate court may decline to grant someone relief, at which point that person may be liable also for the cost associated with that appeal.